GSRTC Vs. KAMALNAYAN SUDHAKARBHAI BHATT

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 31.12.1996, passed by the Motor Accident Claims Tribunal (II, Ahmedabad, in M.A.C.P. No. 227 of 1989, whereby, the claim petition was partly allowed and the the original claimants were awarded total compensation of Rs.2,96,800/- along with proportionate costs and interest @ 12% per annum from the date of the application till its realization.

(2.) THE facts in brief are that on 10.03.1989 while the deceased Vashudhaben was returning home in her Luna and when she reached in Jamalpur area, at that time S.T. bus driven by respondent no. 4 herein dashed the front portion of the bus with rear portion of the Luna. As a result thereof, the deceased sustained severe bodily injuries and ultimately she died. THE legal heirs of the deceased, respondents nos. 1 to 3 herein, filed the claim petition, which came to be partly allowed, by way of the impugned award. Hence, this appeal.

(3.) HEARD learned counsel for the respective parties and perused the documents on record. Having considered the submissions made by the learned counsel counsel and keeping in mind the principle laid down in the decision of this Court in the case of Ahmedabad Municipal Transport Service v. Manekben, widow of Vithalibhai Damaji Chavda and Ors. reported in 1981 GLR 575, the multiplier adopted by the Tribunal is just and proper.